minimum contacts

• Substantive Due Process, Plenary-Power Doctrine, and Minimum Contacts: Arguments for Overcoming the Obstacle of Asserting Personal Jurisdiction over Terrorists Under the Anti-Terrorism Act

Congress enacted the Anti-Terrorism Act to create a federal cause of action for torts arising out of acts of international terrorism that cause injuries to U.S. citizens. Even though victims have benefited from the Act, they have also faced significant hurdles in bringing their causes of action. Meeting the requirements for personal jurisdiction has been one of these major difficulties. Concerns over the lack of minimum contacts between the terrorist defendants and the United States sufficient to satisfy the requirements of due process have led many courts to conclude that they did not have personal jurisdiction over the defendants. This Note proposes three methods that courts can use to exert personal jurisdiction over terrorists under the Anti-Terrorism Act. First, by drawing an analo...

• Iowa Law Review
• Nbr. 92-1, November 2006

• Payments, Invoice Did Not Establish Minimum Contacts, Says Missouri Supreme Court

Mastering the intricacies of long-arm statutes and International Shoe Co. v. Washington in Civil Procedure as a 1L was enough of a trial to make me sit up and take notice of the words "personal jurisdiction" for life. Missouri Supreme Court Judge Michael A. Wolff reinforced the lesson when he assured the legal community at large in Webb v. Wyciskalla that "jurisdiction" actually is a magical word. Now I understand my compulsion to write columns, if not answers to unasked exam questions, when the topic arises in new appellate opinions.

• Missouri Lawyers Media
• January 23, 2011

• Vadasz v. Vadasz, (Ohio 2011)

personal jurisdiction, motion to vacate void judgment, Civ.R. 60(B), minimum contacts

• Ohio Supreme Court

• If the Shoe Fits: Reconciling the International Shoe Minimum Contacts Test with the Anticybersquatting Consumer Protection Act

Cybersquatting is the act of reserving a domain name, and then seeking to profit by selling or licensing the name to a company that has an interest in being identified with it. Cybersquatting and the problems associated with it highlight some of the most metaphysical questions surrounding legal problems in the Internet world. In response to these growing concerns, Congress enacted the Anticybersquatting Consumer Protection Act (ACPA), which plaintiffs have used several times in exactly these types of actions in an attempt to rein in cybersquatting. This note argues that the in rem provision of the ACPA is unconstitutional and should be considered an invalid exercise of Congress's power because it represents this country's unlawful stranglehold on legal regulation of the Internet. In par...

• Vanderbilt Law Review
• Vol. 61 Nbr. 6, November 2008

• Minimum contacts in cyberspace: the classic jurisdiction analysis in a new setting.

I. INTRODUCTION Because no special law yet exits to address jurisdiction issues on the Internet, courts have been forced to apply traditional analys...

• The Journal of High Technology Law
• Vol. 1 Nbr. 1, January 2002

• Minimum Internet Contacts:Personal Jurisdiction And The World Wide Web.

Introduction Is a company that operates a website on the Internet subject to personal jurisdiction in every forum in which Internet users access the...

• Mondaq Business Briefing
• Nbr. 2004, May 2004

• Austin Miller Am. Antiques, Inc. v. Cavallaro, (Ohio 2011)

Trial court appropriately dismissed breach of contract action filed by an Ohio corporation against a nonresident defendant for lack of personal jurisdiction where the defendant lacked sufficient minimum contacts with Ohio to satisfy the Due Process Clause of the United States Constitution.

• Ohio Supreme Court

• The Problems of State Taxation of Interstate Commerce and Why Congress Should Act

Introduction. The Problem of Aggressive, Unclear, and Non-uniform Taxation of Interstate Commerce. The Constitutionality of State Taxation of Interstate Commerce. A. To Impose a Tax on Out-of-State Businesses, States Must Prove that Such Businesses Have Minimum Contacts Pursuant to the Due Process Clause. B. To Impose Tax on Out-of-State Businesses, Commerce Clause Nexus Must Be Satisfied to Prohibit Undue Burden on Interstate Commerce.

• Business Law Brief
• Nbr. III-2, April 2007

• Wood v. Fliehman, (Ohio 2011)

Motion to dismiss or vacate; foreign judgment; default judgment; forum state; de novo; long arm statute; long arm jurisdiction; due process; minimum contacts; substantial connection; fair play and substantial justice; purposefully avails; interstate facilities; competent witness; personal knowledge; abuse of discretion; Evid.R. 602.

• Ohio Supreme Court

• Commentary: J. Mcintyre Machinery: Counsel

Near the end of its last term, the U.S. Supreme Court decided its first "minimum contacts" case in 24 years. The case, argued successfully by a Baltimore-based lawyer, is a powerful shield in the service of corporate defendants within the United States and abroad. In J. McIntyre Machinery Ltd. v. Nicastro, 09-1343, the court held 6-3 that J. McIntyre Machinery, a United Kingdom company, did not purposefully avail itself of the New Jersey market when it shipped a three-ton metal shearing machine to its Ohio distributor, which then sold it to a New Jersey firm.

• The Daily Record (Baltimore)
• September 07, 2011